President Donald Trump escalated the debate over immigration this weekend in calling for the deportation of people who “invade our Country”, without hearings or judges. The call would raise serious questions under both U.S. and international law. It would be a denial of the most basic protections of due process for those with credible claims for asylum. The position is both extreme and untenable if he is referring to any and all cases. It also undermines otherwise strong arguments being asserted for expedited procedures for dealing with the influx of undocumented persons.
This weekend, Trump tweeted “We cannot allow all of these people to invade our Country. When somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came.”
The shift of Trump from a civil to a criminal emphasis in enforcement is well within his authority. Moreover, it is true that the Obama Administration also separated families in this fashion, though the numbers were smaller. Indeed this weekend Obama Homeland Secretary Jeh Johnson admitted that they did separate children from their families and that “catch and release” was not an option — a position ostensibly close to the current policy but one that did not produce the same protests from Democratic politicians. He called for family detention centers to avoid the release of undocumented persons.
However, the refusal of any hearing or judge could raise some serious constitutional and international law concerns. We are a party to the United Nations 1951 Convention and 1967 Protocol in dealing with refugees — obligating us to take in those with a well-founded fear of being persecuted in the future “on account of race, religion, nationality, membership in a particular social group, or political opinion.” There is also the Refugee Act of 1980. Someone asserting asylum is entitled to a hearing to present their case and not simply a perfunctory dismissal.
There continues to be a good-faith debate over the procedures, that must be afforded at our borders. Specifically, there has been a long debate over the full extent of constitutional claims that can be raised by undocumented individuals in our country unlawfully. The due process protections under the Fifth Amendment and the 14th Amendment are often raised in support of basic hearings and reviews. In Yick Wo v. Hopkins (1886) the Supreme Court held that legal immigrants such as Chinese immigrant Yick Wo afforded basic rights and stressed a territorial standard: “The Fourteenth Amendment to the Constitution is not confined to the protection of citizens…. These provisions are universal in their application to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality, and the equal protection of the laws is a pledge of the protection of equal laws.”
The Supreme Court in Yamataya v. Fisher (1903) considered a case involving an undocumented immigrant and, while ruling against him, did apply due process standards to his case.
Under current procedures, undocumented persons are dealt with under either §1225(b)(1) or §1225(b)(2). Section 1225(b)(1) allows for deportations for those who enter through fraud, misrepresentation, or without valid documentation. Under the first provision, deportation can be ordered by ICE officials “without further hearing or review” under an expedited removal process. §1225(b)(1)(A)(i). If Trump were speaking of that group, he would be correct so long as there is not an asylum claim. There can be a return without a hearing or judge. Only about 15 percent of undocumented persons have hearings and the Obama Administration aggressively pursued expedited deportations without hearings. However, if an alien “indicates either an intention to apply for asylum . . . or a fear of persecution,” the ICE officials must make a threshold determination if the claims is credible, and, if it is credible, “the alien shall be detained for further consideration of the application for asylum.” §1225(b)(1)(B)(ii).
Other federal law mandate specific protections. Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 it is mandated that “the alien shall have the privilege of being represented, at no expense to the Government,” and “the alien shall have a reasonable opportunity to examine the evidence against the alien, to present evidence on the alien’s own behalf, and to cross-examine the witnesses presented by the Government …”
The government recently won an important decision in Jennings v. Rodriguez in which the Supreme Court reversed a lower court that found that federal law barred the holding of immigrants indefinitely and requires bond hearings after six months to evaluate if detention remains justified. Moreover, the Supreme Court has previously “rejected the claim that aliens are entitled to Fifth Amendment rights outside the sovereign territory of the United States.” United States v. Verdugo-Urquidez, 494 U.S. 259, 269 (1990) (citing Johnson v. Eisentrager, 339 U.S. 763, 784 (1950)). Whatever due process claims are viable for undocumented persons accrue only “within the territorial jurisdiction.” See Yick Wo v. Hopkins, 118 U.S. 356, 369 (1886).
The case law in this area is still in flux as reflected in the Jennings case. There is clearly an ability for the Trump Administration to both shift to a criminal enforcement policy and to expedite deportations. To that end, Congress is moving to add judges and resources to the border. However, the blanket call for deportations without due process would be difficult to square with this prior authority. It is also difficult to square with our values as a nation for those with a legitimate fear for their lives and a history of persecution in their nations of origin.
What is this silly insistence on “due process” for every imaginable event at every level??? Sure, if you have been arrested for robbery, then you need due process both legally and morally because you face PUNITIVE action by the government. You can be jailed, fined, or both. But even then, you have to put up a bond to insure that you will show up for trial.
This scenario simply need not apply for illegal aliens. If the government decides to prosecute you, then you there should be some due process, and you should have to put up a bond, or stay in jail during the process. BUT, what if the government doesn’t intend to prosecute you. They simply wish to send you back where you belong.
Why does that act require “due process”??? You are in no criminal jeopardy. Go home. It is no different than a bouncer throwing you out of a wedding you crashed. Just get out.
If you are claiming asylum, then due process should attach, but why turn you loose with a court date? Just let you stay in jail, or detention until a decision is made.
Squeeky Fromm
Girl Reporter
Once again SqueeKKKy shows her true colors.
“Once again SqueeKKKy shows her true colors.”
David should we give you an S for Smart of an S for Stupid.
“BUT, what if the government doesn’t intend to prosecute you. They simply wish to send you back where you belong. Why does that act require “due process”??? You are in no criminal jeopardy. ”
Squeeky asked an intelligent question that you didn’t even bother to answer.
I guess that tells us to give you an S for Stupid. Would you like to answer the question and get a better grade?
From you, no.
It wouldn’t be from me, David. It would be something you earned by yourself.
I don’t understand why you don’t answer Squeeky’s question which wasn’t racist.
I guess you can’t.
Well it would be sad if it came to that but sadder still if the USA is overrun by barbarians
http://www.thesocialcontract.com/pdf/five-two/raspail.pdf
So, how many refugees from south of the border are “barbarians” ? They seem to have modern clothing. Even cell phones. I bet they even know about indoor flush plumbing.
Jay S, if that is the case then maybe they should return home and make their homes a better place.
There aren’t any refugees to speak of from south of the border, just people dissatisfied with current living conditions. The closest thing you get to an acute problem would be found in Venezuela and Nicaragua (both governments admired by red-haze types). Nicaragua at this point is generating outmigrants retail and those fleeing the Venezuelan catastrophe have a number of placed to alight ‘ere they get here.
What Americans need to understand is that the increasing numbers of minors, accompanied and unaccompanied, and asylum seekers arriving at our Southern Border are not an accident. It is a business, and like any good business, it requires advertizing. There are cadres of gang members in the barrios of San Salvador, Tegucigalpa, San Pedro Sula, and in the countryside who make themselves busy talking up the advantages of presenting minors, and adults as well, at our legally confused and weakened Southern Border. In the past, many times they made it across. Now many are stopped. If not, they are held in detention, but they have all been coached beforehand to apply for asylum. They are hoping for another blanket amnesty or some other form of amnesty so that they can be allowed to stay, and someday in the future be rejoined with a parent or parents. The money paid goes into the hands of gangs of international people smugglers. While I am sorry for the economic and social conditions in Central America, it is not our problem. How much do we already give those countries in international aid? It is the perceived weakness of our borders and legal procedures that encourage this dangerous migration.
Whatever the law is, we follow it. Period. End Stop.
There are cases in which there is no court process. It’s called “returns” instead of “removals.” That’s basically a “turnaround” where an illegal immigrant voluntarily turns around and leaves virtually on the spot. There is no negative consequence on their record. A “removal” is when they go through the court system and get deported, which does have negative implications for them.
It is true that illegal immigrants do not respect our border, our laws, or our right to say who and how many. It is true that many asylum seekers are gaming the system, such as my previous post about the poor little girl on the cover of Time. And it is true that activist judges are bringing personal politics into the courtroom. Unless the applicant meets the one of the 5 required categories of persecution (race, religion, nationality, membership in a particular social group, or political opinion), the Court must decline. Many applicants are getting approved through the court system that would not legally meet the criteria.
I don’t have an answer about activist judges.
The deterrent must include a border shut tight by whatever means. Then we won’t be frantically trying to stick our fingers in all the leaks in the dike. Without that, we are still going to be agonizing over what to do with all the illegal immigrants in the next generation. Well, unless we’ve recreated Venezuela and every day is The Purge.
Well, we should study how Communist China maintains its immigration regime and border. And do that. Because they don’t take any crap that’s for sure
They maintain a lot of the internal and external movement through pure repressive force.
THERE WAS NO BORDER CRISIS
THE REAL CRISIS IS DONALD TRUMP
Why is this president obsessed with ridding the country of migrants from the south? There are no statistics to support Trump’s contention that the border was ‘out of control’. In fact the narrative of Trump supporters had to change last week in response to media coverage.
When Trump first took office he conveyed the impression that Black ‘Muslim’ Obama was allowing hordes of ‘rapists’ and ‘drug dealers’ to pour across the border. One supposes this narrative is compelling to consumers of right-wing media who think Obama has a ‘grudge against White people’.
But last week, as the mainstream media focused on children in cages, Trump supporters were forced to remind us that Obama was also ‘locking-up families’. Trumpers were also posting old clips of Bill Clinton pledging to build a border fence. Suddenly the narrative changed: ‘Clinton and Obama had been ‘tough’ on immigrants’. ‘Trump was only upholding their policies’.
The truth is that Bill Clinton authorized construction of a high-tech border fence that was continued and upgraded during the Bush years. By the time Obama took office, border apprehensions were down considerably from their 2000 peak. Nevertheless Obama was fairly strict on immigration. Immigration rights groups were not always happy with Barrack Obama. There was a genuine fear that Hispanics might punish the Democrats by staying home on Election Day.
Despite a long decline in border apprehensions, Trump took office with the idea that border security needed to be his main priority. One can only conclude that Trump’s emphasis on this issue is simply old fashion racism. Nothing else can explain his devotion to the topic. And it’s very, very interesting that Trump’s estranged daughter-in-law had long dated a Hispanic gangster before marrying Don Junior. That could be the real reason we have had this so-called ‘border crisis’.
We know that Trump is a petty, vindictive man with very thin skin. The idea that his daughter-in-law had a long relationship with a Hispanic gangster is probably too much for him to process. It would be perfectly in character for Trump to pursue a national vendetta against Hispanics to spite his daughter-in-law.
You mean the media manufacture and propagate a mess of sob stories and it’s somehow Trump’s fault. I love liberals. They want normies to adopt the mentality commonly associated with battered wives.
more like stupid battered husbands. the men of the USA want a divorce from the abusive, parasitical, simpering treasonous left #MGTOW
Peter – I asked you on the previous immigration post why you supported open borders. I also listed many links on the problems associated with illegal immigration. Did you have a chance to read it?
Peter Hill is a fraud.
Peter Hill is really just Peter Shill. I don’t believe that he or she even believes most of the crap they spew. Democrats tend to do that. Just say stuff to help their cause, even when it is lying bullsh*t. Do you really think Nancy Pelosi believes that “borders are racissst!” Hogwash, The b*tch has a lock on her front door, and probably a wall around her estate, or at least a formidable fence. Why? To keep out people who don’t belong from her home. She knows what she says is crap, but she will say it anyway.
I have found Peter Shill to be the same kind of person. A despicable liar who simply spews out DNC talking points willy-nilly. I don’t waste my breath on people like him/her. You will never have a meaningful dialogue with such a person. You won’t even have a good knockdown dragout fight with them, because there is no real belief system behind their words. It would be like discussing fluoride with somebody on a toothpaste commercial. They are just saying what is written for them, and only a fool would engage with them in a substantive manner.
Squeeky Fromm
Girl Reporter
Time for one of your poems about a shill and a hill with a ‘little peter’ added.
Karen, where the hell did I ever say ‘open borders’..?????? No where!! No where did I say I supported open borders!!!! That’s just ‘you’; a consumer of right-wing media presuming you’re talking to some liberal stereotype.
When coming to an intersection where one can go right, left, straight or back up Peter says don’t go right and don’t go left. Don’t go straight and don’t back up. Then he says why did you stop? I didn’t tell you to stop.
Peter: you have to take Karen with a grain of salt. She is heavily-devoted to Fox News, and believes everything they say. She also feels compelled to display her devotion under the guise of reasoned opinion. For instance: it’s either open borders or newborns in cages. No middle ground. So, if you oppose incarcerating infants and children, then you support open borders. After all, her heroes, Hannity and Tucker, told her the issue is as simple as that, reinforced by the snark mistress and Judge Janine.
So, Karen, if it’s against the law to hire illegals, and since “whatever the law is, we follow it. Period. End. Stop”, why doesn’t ICE conduct surprise raids every morning at all hotels? I travel a lot, and I pay attention to who does the laundry and housekeeping. I guarantee they’d round up a lot of illegals, because that’s who does the laundry and housekeeping. How about the kitchen staff and bussers at most restaurant chains, or just drive around your town and see who is cutting lawns, doing landscaping, planting trees, spreading much, etc.. Also, go to any pallet factory. You’ll find bunches of them there. How about non union construction jobs? That’s where you’ll find them. Agribusiness also hires lots of them, and not just seasonal pickers, which are legal. You could also go to schools and check the roster to see whether the childrens’ parents’ names match up with the Social Security database (I know, it’s been ruled illegal, but maybe it shouldn’t, if it would eventually prevent babies and children from being jailed). They really aren’t very hard to find. Make sure, however, that those who hired them are fully prosecuted to the extent of the law. Go back a couple of weeks later, and see if they rehired any of them or new ones, and if they did, prosecute them even more strictly.
The illegals aren’t the main source of the problem. Those who hire them and don’t report them, ARE the problem. It’s again the analogy of blaming raccoons for knocking over garbage cans. So long as you put out the garbage the night before and don’t secure the cans, the raccoons will come for dinner. If the cans aren’t there until after daybreak in the morning (raccoons are nocturnal), or if they can’t get the cans open, they’ll stop coming.
Natacha, you nailed it. “It’s either open borders or newborns in cages”.
“Natacha, you nailed it. “It’s either open borders or newborns in cages”
Peeter Hill, you are a liar. The only “cage” a newborn might see is a special bed in a NICU.
The pair of you spend a lot of effort arguing against statements I don’t have and declaring you know my innermost thoughts.
That’s false logic.
I’ve asked you a few times if you read all of the links I posted about various problems with illegal immigration. I’ve asked you to clarify your position so I can understand it.
All you can do is claim I want newborns in cages? Then you have read nothing I’ve written, including my repeated assertions that I want families kept together whenever possible.
It’s sad that there are few people who can have a sincere discussion about different opinions. It’s all name calling now. That is not solution oriented but rather the pursuit of self gratification.
“The illegals aren’t the main source of the problem. Those who hire them and don’t report them, ARE the problem.”
They are part of the problem but a bigger part is the Democratic sanctuary cities that even give refuge to criminals of all types including killers and rapists.
If you make it too hard for an illegal alien to get a job, then the Left screams that’s inhumane. They just want a better life…
That’s how all these cities in CA suspend their loitering laws so that illegal alien dayworkers can get cash under the table jobs. They hang out on the corners by shopping centers, at building centers, right under the noses of the city.
If you want to make it more difficult for illegal aliens to make it here, then go talk to the DNC and the State of CA, who are going in the other direction.
Haha. Right. Only Pravda Faux News pushes the swill that the “DNC” runs anything at all. I’m a Libertarian and I promise you I couldn’t name one person on the “DNC” if I was spotted all the vowels. Pro tip: Hannity doesn’t even respect you.
this is to “but he surely is a looker, that hannity feller” karen
* I’m assuming that this omnipotent “DNC” stands for the Democratic National Committee or some such.
Hi Peter:
Thank you for answering one of my questions. Did you get a chance to read any of the links I posted during our previous discussion? Would you please address the problems I mentioned with illegal immigration?
I assume that anyone who who supports Sanctuary Cities, improving access to benefits for illegal aliens, doesn’t want any families detained while they wait for their hearing, but rather released into the public even though most of them won’t appear for their final decision, supports illegal immigration in general and passionately opposes building a wall and beefing up security to make it literally impossible for illegal immigration is promoting open borders. Perhaps I misunderstood your position, but you spent a lot of time arguing in favor of illegal immigration.
If you support illegal immigration but not open borders, then are you saying people can come here illegally, but just make it so that they have to cross this really long hot desert paying a drug cartel, but if they touch the border, they’re safe? Because that’s turning our immigration system into the Hunger Games.
We only have limited spots available each year to control population growth. If our country has a say over who and how many, we can use those spots for really great people. The girls who want an education in oppressive regimes. The albinos in African nation who live under the daily reality that people will chop off their body parts to sell as good luck charms. The kid who wants to go to medical school. Poets, artists, scientists, mathematicians, writers, farmers, athletes. Or…we could have an open border and get cross sections of societies, the good with the bad.
“THERE WAS NO BORDER CRISIS”
Blind people cannot see so when they look out their window it looks the same to them as when they look at anything else. The crisis has existed for decades but those with little knowledge and understanding, like yourself, can’t see it. However, some that are blind have a destructive ego that makes them believe nonsense and thereby spew the garbage you spew on an almost daily basis.
I look at Peter Hill like I would at Bullwinkle and his Fractured Fairytales.
Allan, why don’t you present statistics, from a recognizable mainstream site, showing there is crisis at the border. Otherwise shut you ignorant old mouth. I’ve had enough of your aggressively stupid comments.
I’ve placed plenty of statistics on this blog as have many others. I don’t have to do your work because I learned quite awhile ago that instead of being the honest broker I thought you were I found that you were a liar and a poor one at that. I look at results and the results are bad when one sees the results of the policies of stupid people. When such things were brought to your attention you ignored them
Just so that you know, I am not against immigration nor am I against people that are minorities. They exist in my own family and some of them are naturalized citizens.
“shut you ignorant old mouth. ”
As soon as all the pigs leave the blog.
Alan, here’s the statistics you couldn’t find.
https://www.npr.org/2018/06/22/622246815/unauthorized-immigration-in-three-graphs?utm_campaign=storyshare&utm_source=facebook.com&utm_medium=social
There’s no border crisis. The real crisis is Donald Trump and right-wing media.
The number of illegal citizens in this country is atrociously high. If a nation has a thousand cases of Ebola and that number falls to 800 it is still a crisis. If the number of illegals over a long period of time has increased, it is a crisis. If we have as many DACA persons as stated it is a crisis. If there are no solutions and the problem is tying up government it is a crisis. We have had a crisis on the border for decades and the crisis continues. 10,000 kids that came without their parents is a crisis. The use of illegal immigrants to hide drug smuggling is a crisis.
You are an idiot whose opinions are among the most worthless on this blog.
“You are an idiot whose opinions are among the most worthless on this blog.”
So says Allan, while looking in the mirror.
Peter is an idiot whose opinions are worthless.
You are just stupid and come out number 1 on the stupidity list. At least you achieved something no one else can beat but I don’t think anyone else wants to.
Peter Hill said, “Alan, here’s the statistics you couldn’t find.”
Outstanding work, once again, Mr. Hill. Ordinarily Allan would appreciate three simple graphs. However, in this case, those three simple graphs told Allan something that Allan refuses to hear; namely, that Trump is blowing it out his backside same as he ever did.
Diane, Peter said there was no border crisis, but it appears the left is very much enraged that they are stalking members of the Trump administration and claiming quite the opposite of what Peter said. The graphs Peter showed provided numbers, but nothing to indicate a crisis. I responded to further delineate what a crisis could be, but apparently, such thinking is beyond your capability. Try reading my response again.
“The number of illegal citizens in this country is atrociously high. If a nation has a thousand cases of Ebola and that number falls to 800 it is still a crisis. If the number of illegals over a long period of time has increased, it is a crisis. If we have as many DACA persons as stated it is a crisis. If there are no solutions and the problem is tying up government it is a crisis. We have had a crisis on the border for decades and the crisis continues. 10,000 kids that came without their parents is a crisis. The use of illegal immigrants to hide drug smuggling is a crisis.
You are an idiot whose opinions are among the most worthless on this blog.”
Peter, lies and insults are the only things holding them together. Just wait when the reports come out about Trump, then you’re going to see some show of pure insanity.
FishWings, I don’t tie myself to any one politician or any one political cause. I tie myself to the law and the Constitution something you should read and better understand. So far the nation is far better off under Trump. If things change I might look for another candidate. I am not married to those that cannot and will not produce.
Your content is atrocious for an adult if you are one. You have been told that by numerous people who have brought a lot of content to the table. Whether you agree with them or not you can learn something from their content if not their opinions. I would reconsider linking yourself with Peter. You are a better person than he for he creates lies that are self-serving and not simply errors of fact and lack of judgment. You have the capacity to learn. He doesn’t.
Just wait when the reports come out about Trump, then you’re going to see some show of pure insanity.
We’ve handled your insanity for nearly 2 years just fine; I’m sure we can handle it when it becomes pure.
I’ll remember you said that when the time comes. By the way, I was NOT writing you or Allen, I was taught not to argue with drunks or crazy people, which one are you?
I’ll remember you said that when the time comes.
Good. Because Allan and I won’t lose either way. If he’s found to have violated his oath of office then he should be impeached, and into the breach goes Vice President Pence. Then it will be time for the purely insane to go to work on Pence.
I was taught not to argue with drunks or crazy people, which one are you?
I’m the one teaching you. 🙂 You’re welcome.
FishWings, Have your mommy explain to you that having conservative values is not crazy.
FishWings said, “Just wait when the reports come out about Trump, then you’re going to see some show of pure insanity.”
Oh boy! Oh boy! Oh boy! Oh boy! I can hardly wait. The anticipation is killing me. 100% Pure Bat Guano Insanity. Yippy Kayo Kay-Yay! Apoplexy is so exhilarating. OMG. I’m drooling.
I know a lot of migrants and some of them are racist too. Towards white Americans. Guess what, if it’s tribe versus tribe, then i”m in it for my tribe to win. sorry buddy.
In the meantime while the country awaits a totally corrupt and feckless Congress (on both sides) to do something, anything about immigration . . . the president should immediately invoke the exclusion provision of Posse Comitatus (18 U.S.C. 1385, Section 1076) “to restore public order and enforce the laws of the United States . . . where said violations are occurring to such extent, that State and Federal agencies, e.g. Border Patrol, Ice, Sheriffs and State Police, are incapable of maintaining public order . . .”
– and transfer the 30,000 US troops guarding the border between North and South Korea, (where they have been stationed for the past 65 years) to the border between Mexico and the US, until the porous southern border is secured sufficiently with whatever physical and technological barriers . . .
– until Congress ever gets off its ass and gets its act together and does what they haven’t done for decades on American’s number one issue – immigration, et. al. But don’t look to this useless Congress to do anything until after the midterms . . . and most likely not even after them, regardless of which corrupt party is in power . . .
Not so? Watch the people elect the same corrupt and useless incumbents back to Congress again this November.
But while those people who’ve already illegally crossed the Rio Grande are being processed according to the laws on the books are awaiting their day in court or whatever, the border must be secured as the “magnet” luring third world peoples to illegally enter the US for all the goodies available . . . is eliminated.
So, while the totally corrupt Congress, playing political games, refuses to give President Trump the money to build the the “Wall,” to protect the souther border, where not only illegal peoples are flooding in causing havoc, metric tons of illegal narcotics – killing some 60,000 US citizens just last year – flood in . . . (imagine if it was anthrax and not heroin, cocaine and fentanyl that was flooding in . . . killing thousands . . .) then you’d hear phony members of Congress invoke the “war powers act” against southern countries demanding President Trump send in the Marines with cries to “bomb the shit out of them . . .”
– he can sidestep a feckless Congress with the stroke of a pen – and withdraw the 30,000 troops from South Korea in a New York minute. And if 30,000 troops aren’t enough, withdraw some of the 55,000 from Japan, or 35,000 from Germany, or 13,000 in Italy, or 10,000 in the UK . . . Right there is an additional 113,000 US troops in addition to the 30,000 stationed in South Korea that can come home and protect the homeland . . .
But could you imagine what would happen if Trump did that?
Fagetaboutit. John McCain would be on the next plane back to Washington to lead the charge for his immediate impeachment . . .
For those of you who want to see some fireworks, check out Maxine Water’s Twitter account. It’s getting hammered. There doesn’t seem to be civility rule hear.
https://twitter.com/search?q=maxine+waters&ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Esearch
Thank you for posting this twitter feed. Amazing. In general, Twitter is a cesspool, however sometimes one has to go to the cesspool and work from within in order to open the pipes.
I am hoping enough people can open the pipes large enough for Maxine and her ego to flow out to the sewer.
She is in a D+29 district. She “underperformed” by getting “only” 76% of the vote in 2016. She has the same opponent this year that she demolished in 2016.
It’s more likely that Miami will experience a blizzard on the 4th of July than she will lose in November.
Sometimes sewage is very difficult to displace. She does no favor for those she represents.
If South Central LA, had a healthy political culture, someone would have knocked her off in a primary decades ago. That’s how Atlanta got rid of Cynthia McKinney.
Hey Cynthia McKinney wasn’t half bad compare to Maxine, sorry
DSS – here you go, this gives the running count.
https://www.theguardian.com/world/2018/jun/12/mexico-election-politicians-killed-fernando-puron-selfie
Twitter has likely whole department busily banning anyone who besmirches her honor (by telling her things she doesn’t want the hear aka Abuse!)
.
The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) established “expedited removal” as a means to immediately deport someone caught in the border zone without legal status. That said, it has been undermined by activist lawyers who sought to restrict its applicability:
• if the nationality was not Mexican or Canadian
• through the person caught claiming asylum
• under 18 years of age not summarily deported
Still, expedited removal has been used extensively to get rid of adult Mexican border hoppers.
What we need is “expedited safe repatriation”, which applies to everyone, including asylum claims. The claim would be heard back in their home country at a US Consulate.
Let’s get real people. Our immigration controls are under attack by a very determined adversary with professional, legal coaching. We need to be agile, adaptive, and tenacious in fighting back.
“We” “Our”? Whom do you purport to speak for, pbinca?
My “we” cohort want those who hire undocumented people to be criminally charged, heavily fined and imprisoned. It’s cheaper than any other alternative, and with heavy fines, we could help offset the deficit from the tax cuts to the wealthy. Take away the incentive to come here illegally, and you solve the problem. We could also help with the violence in El Salvador, Honduras and Guatemala, so they won’t want to leave for safety reasons.
We could also help with the violence in El Salvador, Honduras and Guatemala, so they won’t want to leave for safety reasons.
Guatemala, El Salvador, and Honduras have been unsafe for decades if not for centuries and El Salvador and Guatemala have in recent decades been in notably worse shape than they are today. There’s been nothing novel in the last 4 years except for Obama’s political signaling and administrative actions meant to circumvent Congress.
Mexico used to be a lot more dangerous than it is now. One reason is that we helped them with routing out the drug cartels. And then, there’s the jobs that get deported to Mexico, which has raised the standard of living there, so fewer Mexicans want to leave. The Carrier plant in Indianapolis that Trump and the Hypocrite-in-Chief visited around election time, has shipped almost all the remaining jobs to Mexico, but not until taking multiple millions from the citizens of Indiana. We could help Honduras, El Salvador and Guatemala, too. We could use the money obtained from fining the Republicans who own hotels, restaurants and other businesses whose obscene profits are based on the slave wages they pay. That would be a win-win, but not possible with the current Administration.
No, Mexico had a homicide spike during the period running from 2007-14. The median homicide rate over the period running from 1994 to date has been 14 per 100,000. It is currently right around that rate.
“Take away the incentive to come here illegally, and you solve the problem.”
The only problem is that we can’t do that. If you remember the US was founded by people that disliked the rule of the most powerful nation in the world, Great Britain. Had all those leaders whose name we remember left the 13 Colonies and settled outside of them this nation would never have been founded. Sometimes “in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. … Right ought to be Free and Independent States, that they are Absolved from all Allegiance”.
It is hard to overturn an unjust government when all those that are leaders choose to leave instead of lead.
actually that’s the point of asylum laws, bona fide applicants have a legit fear of repatriation due to essentially unjust government policies. the left is trying to twist this to mean anybody suffering from private woes can qualify too. the left is lawless, essentially. dont throw out the legit asylum baby with the bathwater
Think about the absurdity of the current liberal interpretation of Yick Wo v. Hopkins (1886), namely that equal protection under the law and due process extends to EVERY PERSON located in the US. This does not allow the US military to defend the citizenry from a militant ground attack from armed foreigners who beach their watercrafts in Malibu CA. So long as they don’t fire a shot, these invaders all get individual hearings in front of a Judge? That is setting up the Immigration Courts for a Denial Of Service Attack (DOS), where enforcement resources are overwhelmed in order to thwart them.
The sovereignty of the US is casually tossed aside by this interpretation of Yick Wo.
A time will come in the 21st century when such a massive foreign invasion takes place, perhaps the result of environmental collapse or political meltdown outside our borders. Our nation must establish the legal foundation to repel such an invasion by whatever means necessary.
It occurs to me that the most cost-effective solution to the immigrant problem, would be to invade one or more Central American countries, set up enclaves free from gang and drug violence, and establish regions where some semblance of a peaceful society could develop. That would remove the incentives for trying to reach the US of A.
This is the objective of the 2-year old Central America Anti-Gang Joint Task Force, to which the United States has contributed vast sums of $ and technical expertise in gang-suppression.
https://www.wola.org/analysis/inside-central-americas-new-anti-gang-joint-task-force/
Jay S – since the presidential candidate of Mexico wants to invade the US, we can consider that an Act of War and invade again. Wipe out the drug cartels, set up an actual republic and restore order in Mexico.
Mexico is an actual republic. It’s also shot through with political corruption, administrative ineptitude, and street crime. All told, it’s about average for the human race.
Teaching Spastics to Dance – it has had 113 political candidates killed in this election cycle. Is that average for a country? How many candidates were killed in the US in the last election cycle?
I wouldn’t take the number at face value. I would wager, for starters, that that refers to political candidates at all levels over a period of several years. A country with 118 million people in it has a lot of municipal governments with a lot of offices. It also has a multi-party system, so you’ve got several candidates for each office.
Homicide rates in Mexico vary over time from 13 to 25 per 100,000 on average. That’s Mexico. You’ve got people with scores to settle, you got local criminal syndicates.
that’s costa rica. it has no army and a continuous history of peaceful democracy since 1946 or so. no army…. but a strong BORDER PATROL
So, why don’t large numbers want to go to Costa Rica?
study up Jay. its’ a wonderful country. and large numbers of Americans do go there for vacation and retirement…. and yet…. Nicaragua and el Salvador are on the border with Costa Rica. but they aren’t allowed to invade, simple as that.
Yeah, like Liberia? That went well
What about 8 U.S.C. §1182(f) of the U.S. Code, which confers on the president the power to turn away immigrants at the border. It provides:
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.
Section 1182(f) says nothing about a trial or appearance before a judge. If the president decides that the entry of class of immigrants is detrimental to the interests of the United States, members of that class of immigrants have no right to enter and no right to use our judicial system.
Daniel Horowitz discusses §1182(f) and the case law surrounding it here. His main points are:
1. The criteria for exclusion [are] not based on “national security concerns” or “terrorism.” It’s anything that, in the determination of the president, would be “detrimental to the interests of the United States.” That includes public welfare, health concerns, values, attitudes, etc. Thus, in this case, where the surge has already created the worst drug and gang crisis in the history of the country, the president would be justified in invoking this power.
2. Just like the president has the authority to completely shut off immigration, he may impose any restrictions on entry even if he chooses to continue various forms of immigration. Thus, in order to abide by the Geneva Conventions on asylum, the president can condition any asylum claims on applying at a U.S. consulate in Mexico, not at the border – or turn them back immediately.
3. This is not the type of provision in which a court can demand evidence that the condition of “detrimental to the interests of the United States” was met. The delegation of authority was designed as plenary power. The courts have absolutely no authority to second-guess the president’s determination. That is up to Congress and the electorate. As a recent Congressional Research Service report observes, from the House report on the 1952 immigration bill that granted this authority: “The bill vests in the President the authority to suspend the entry of all aliens if he finds that their entry would be detrimental to the interests of the United States, for such period as he shall deem necessary” (H.R.RPT.1365, 82d Cong.,2d Sess., at 53 (Feb. 14, 1952)).
Citing United States v. Ju Toy, an old Supreme Court case, Horowitz adds that a person who comes to the country illegally is “to be regarded as if he had stopped at the limit of its jurisdiction, although physically he may be within its boundaries.”
Maxine Waters is at again, calling out the storm troopers. Maxine issued this statement:
“They’re not going to be able to go to a restaurant, they’re not going to be able to stop at a gas station, they’re not going to be able to shop at a department store,” Waters said. “The people are going to turn on them, they’re going to protest, and they’re going to absolutely harass them.”
By the way, it’s not the immigrants Maxine is referring to, it’s U.S. law makers in Wash DC.
“US lawmakers”? What laws does Sarah Sanders “make”? She is a chronic, habitual liar, like her boss. What “laws” did Neilson “make”, either? None. These people are a disgrace. Civility has no place when someone purporting to hold a leadership position defends abusing innocent children.
She is a chronic, habitual liar,
You’re projecting Natacha, as leftists do.
(T)STD: Projection is one of your strengths, (T)STD; you’re very good at it. And you’re doing it again.
I’m filming a makeover scene of Goodfellas. The night club scene where the owner confronts Tommy about a $7G tab. But this time Maxine Waters is playing the role as the night club owner. What role would you like to play Natacha?
If I had a water I would would not even seat Maxine Water nor her entourage of parasites
Short of the “impeach” wacko’s, Mueller “to the rescue”, and non-American contributors to this post one thing is for certain, the majority of Americans want the illegal entry to our country stopped. Mexico has/is a big problem to the issue by allowing them to filter thru to the U.S.. The problem has been kicked down the road administration after administration and the real problem is failure to enforce the rules and ship them back fast right into whatever entry point they originated from, Mexico or Canada, Atlantic ocean, Pacific ocean. Do it right away before they disappear into our society and cause problems. Come here legally and enjoy our country.
Can you imagine all those people from around the world who have applied legally and waiting for the green light for entry to become citizens what they think of all of this?
The Great Z.,,,
– Most of the comments in “support” of the currently detained immigrants do not want illegal entry into the U.S. to be an impediment to residency here.
The ones “waiting in line” generally don’t make the news or generate much discussion.
i think there are currently 550-600 comments on the “Red Hen/ Sanders incident”, and hundreds more on other JT immigration columns.
In almost every case, the plight of those “waiting for the green light” isn’t addressed.
Those detained illegal “immigrants” you speak of are gaming our system. They’ve been schooled on what to say and how to act for “asylum”. Those applicants I speak of from around the world will never be discussed. They submit their applications, pay the cost and prove proper residency while they wait. Ultimately those who are vetted according to our laws add to our communities, in many cases become better Americans then Americans. Like those who entered Ellis Island they are the immigrants I speak of, White, Black, Hispanic, Asian people of all colors, creeds and religions.
OK, Zambini: if you want illegal immigration to stop, then how about strongly enforcing the laws on hiring illegals? If those businesses that rely on cheap, illegal labor would get arrested, fined and/or imprisoned, jobs would dry up and people would stop coming, But, that would hurt the big hotel and restaurant chains, landscaping and lawn mowing services, housekeeping and nanny services, factories and construction companies. Their owners are Republicans, so it won’t happen.
Your idea is sound, lock them all the hell up. Here is where you go wrong, stop with the politics, democrats don’t have lawns, housekeeper, factories? Your dems are the ones encouraging illegal immigration, to prove it all you have to do is go back this past week and listen to re-runs of CNN and MSNBC (if you can stand it).
Oh those poor kids in detention camps, how about those poor kids in the inner city, Appalachia or the son’s and daughters of American service men and woman. Lets take care of our own first! The money we could save ending the illegal alien problem maybe use for our kids could stop some of sh*# in Chicago or other stressed cities.
Yes I’m with you 100% with the hiring of illegals,110%, just drop the politics they have all been wrong with this issue for well to long!
Yes, mandatory E-Verify would deter the ones seeking lawful employment. But, there is a smaller career criminal element who immigrate illegally with their own plans for how to support themselves, and it doesn’t involve a W-2 job. The timing of mandatory E-Verify should be delayed to coincide with the “regularization” of the subset of past illegal immigrants who are going to be given legal status. Otherwise, E-Verify will gradually push a portion of this group out of the legal employment market, and some will take up criminal enterprises to support themselves. Every political action has a reaction.
Hey guy I don’t about E-verify or Z-verify, what know is this border has be sealed up as tight as my dogs a#* and now! I don’t know what to think of the dumocrats and I’m not overwhelmed with the Little Mary Republicans who jump all over their President when he tries to address problems that they and the Dums created.
Yes enforce those laws. No a lot of them are actually democrats like Tysons who backed Clinton and employed a lot of illegals
https://www.thefiscaltimes.com/Columns/2016/02/02/Why-37-Year-Old-Clinton-Financial-Scandal-Still-Relevant
then there is Silicon Valley, that is dying to have more and more foreign programmers come here and work for Bombay wages on h1bs
Well…then let’s label it an invasion
Which does not fall under immigration laws
1. There is no such thing as international law.
2. The evidentiary requirements to prove or disprove a valid right of residency are modest. Apprehend them, keep them in detention, give ’em a Wapner hearing, jail them for 10 weeks as a penalty, then deport them. No need to make a process-for-the-sake-of-process production out of it.
Deport to where? If you just put these people over the border into Mexico, what do you think their next move will be?
They might try re-entry, if they want to spend another three months in the slammer. Your complaint is just what, that we don’t punish them because they might not get the message?
It looks like Mexico has been fairly aggresive in deporting those from Central America back to their home country.
I don’t think the Mexican government sanctions or monitors its own citizens who have been sent back.
They used to be, but now they lot a let of them pass into the USA. Mexico is a failed state, partly due to American policy on drug war and promoting democracy. Bring back a strong PRI and they would bring a lot of the drug gangs to heel and tighten their southern border too. There’s a lot not being discussed in foreign policy that relates to the current migration problems and ironically a lot of the pro war policies of the USA are the things that destabilize functioning foreign regimes like Syria and then spew forth a vomit of refugees into places like Europe. We should keep hands off foreign countries more and then we will have less problems in the long run
Mexico is a failed state, p partly due to American policy on drug war
No, Somalia is a failed state. Mexico is a perfectly ordinary state but has high crime rates. It has little to do with the drug war. You have 20 Latin American countries and 17 of them have homicide rates at least 2x and commonly 5x the American rate (i.e. 6-15x what’s the mode in Europe). Street crime and civil service crookery are features of every day life in Latin America.
Mr. Kurtz,…
Part of the problem in trying to “get up to speed” about different aspects of the immigration issue is the lack of reliable, comprehensive coverage ( news stories, articles).
I’m something of a news junkie….I think I have at least an average knowledge and understanding of many aspects of the immigration issue…..but that’s not saying very much.
I’m seeing a lot of soundbites that pass for news on the TV coverage, and articles that are deficent in many respects.
I mention this because, according to what I have read, Mexico is and has been (since 2014) cooperating with the U.S. in “intercepting” U.S.-bound Central American migrants.
And returning them to their own countries.
Now that may or may not be accurate. And it’s a bit surprizing given hostility toward Trump on the part of many Mexicans.
But it looks like Mexico is not very happy about their country being a big part of the “U.S. Express Highway” for large numbers of Central Americans making their way through Mexico….possibly in violation of Mexican law.
So from that perspective, it does make sense that the Mexican authorities are trying to discourage the Central Americans from heading North.
That type of traffic is not the kind of “tourism” Mexico is trying to encourage.
Time permitting, I’ll try to get back to you with some citations for the info that I’ve gone over.
In Mueller I trust.
Senator Warner (D-VA) has said that the next few months will be very revealing. He’s the ranking member of the Senate Intel Committee.
What will be ‘revealed’ is what has been revealed so far: the whole business is a hoax.
We have been hearing this from Warner and Schiff for years,
and democrats keep coming back.
If Mueller is confiding in Warner – then he is violating the DOJ guidelines the rules of professional conduct and the law.
As the IG has just noted – that would put him in the company of much of DOJ/FBI.
Regardless, we have excellent reasons to expect no knew bombshells from Mueller.
He appears to be pulling the plug on the IRA part of his investigation – the portion actually having something to do with Russia and turning it over to outside lawyers.
Kushner get his permanent security clearance – which means the FBI was assured by Mueller that Kushner was neither a target nor a subject.
The testimony of myriads of people is now available to Mueller, We he know indicts for false statements when mortals can not even figure out what part of the statement is false.
The absence of indictments means even he could not find a credible manufactured claim to misstatement.
That is one of the problems when you are willing to make charges based on the flimsiest of evidence.
It means that we must assume the absence of indictments means there is not even the flimsiest of evidence.
Marco said, “Senator Warner (D-VA) has said that the next few months will be very revealing.”
I’ve heard that too, Marco. While it’s still just a rumor, there’s some publically available disinformation coming from Roger Stone and Mike Caputo that suggest that they, themselves, are deeply worried about being indicted for conspiracy to defraud the United States. Stay tuned.
L4D,…
– There seems to be an abundance of people who “know” how this ( Special Counsel investigation) is progressing ( or not) with respect to dealing with what is supposedly being investigated. And how it will ultimately turn out.
That being “collusion” with Russia in the 2016 campaign on the part of one campaign. I’m not referring to side issues like 2006 allegations of financial crimes by a Trump campaign official.
( investigating “collusion” by any other parties does not seem to be of interest to the Special Counsel).
Given the rampant speculation and predictions re possible outcomes of the investigation, I suppose some of them, just by the odds, are bound to be correct.
And there’s apt to be a ton of forecasts that are dead wrong.
I take those predictions with a grain of salt because virtually all of them seem to be built on mountains of guesswork, with little actual substance.
This article and the ensuing comments elucidate precisely why the only tenable solution for the U.S. is to Build The Wall!
Any wall can be tunneled under or flown over. And what ended up happening to the Berlin Wall ?
Any wall can be tunneled under or flown over. And what ended up happening to the Berlin Wall ?
A few hundred people a year managed to travel to West Germany contrary to East German law. The leakage would not be demographically significant.
I don’t see the U.S. and Mexico merging, so border barriers aren’t likely to be dismantled as was the Berlin Wall.
THATS WHERE THE MACHINE GUNS COME INTO PLAY
Jay your comment is an example of a comment that hasn’t been carefully reviewed by the writer. You need to think a bit more and use a bit of logic rather than the quick answered provided to you that count on you being naive and lazy.
We put up stop lights at busy intersections to prevent accidents. Some people pass those stop lights illegally.
1) Since some people pass stop lights just like some people dig tunnels should we remove all the stop lights from our intersections?
2) What do we do to those who break the law?
We give them tickets and eventually remove their licenses to drive and if that doesn’t work we throw them in jail.
3) Would you think that blaming those that that follow the law bad policy? Don’t you think it would be better to blame those that broke the law?
Allan….
It’s like saying that any business or home alarm system can be circumvented or disabled….therefore, don’t waste your money on an alarm system.
Maybe Jay will learn from your excellent comment.
I’m hoping he tries to answer the questions put forward because he needs to do is question the validity of what he says. If he does that then perhaps he will be able to provide better arguments.
A police officer catches you breaking into Walmart.
He can arrest you and detain you pending a hearing
or he can arrest you and allow you to go home pending a hearing.
He is not obligated to allow you to stay in Walmart pending a hearing.
Those who enter the US outside of border checkpoints do not have some due process right to remain in the US.
Arguably even a US Citizen who crosses illegally could be taken back across the border and expected to re-enter legally.
If a claim of asylum was made – the person making the claim could be allowed to return to the US for a hearing on asylum, but still deported pending that hearing.
Paul, can I get in on this citation thing?
Independent Bob – which part do you want in on, giving or receiving?